Whitaker v. Jaffe et al

Filing 128

ORDER signed by Judge Kimberly J. Mueller on 2/19/2013 VACATING 126 Order Adopting Findings and Recommendations; ADOPTING 100 Findings and Recommendations in full; GRANTING 96 Motion for Summary Judgment; DIRECTING the Clerk of Court to enter judgment in Defendant's favor. CASE CLOSED. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH WHITAKER,

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Plaintiff,

No. 2:10-cv-1400 KJM EFB P

Defendants.

ORDER

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vs.
CHEN, et al.,

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 11, 2012, the magistrate judge filed findings and

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recommendations, which were served on the parties and which contained notice to the parties

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that any objections to the findings and recommendations were to be filed within fourteen days.

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No objections were filed. On February 11, 2013, this court adopted the magistrate judge’s

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findings and recommendations, but incorrectly identified this case as an application for a writ of

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habeas corpus; that order therefore will be vacated.

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The court presumes that any findings of fact are correct. See Orand v. United
States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The order filed February 11, 2013 is vacated;

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2. The findings and recommendations filed September 11, 2012 are adopted in

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full;

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3. Defendant’s motion for summary judgment (ECF 96) is granted;

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4. The Clerk is directed to enter judgment in defendant’s favor; and

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5. The Clerk is directed to close this case.
DATED: February 19, 2013.

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UNITED STATES DISTRICT JUDGE

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